*/
The Bar Standards Board (BSB) has proposed adopting the civil standard of proof in disciplinary proceedings against barristers charged with professional misconduct.
The current standard of proof used is the criminal standard which is ‘beyond a reasonable doubt’ or ‘satisfied so as to be sure’. But the BSB is seeking views on whether its regulatory arrangements should be changed to allow the civil standard of proof, ‘on the balance of probabilities’ or ‘more likely than not’ to be applied.
The change would bring it in line with other professional regulators, including the Solicitors Regulation Authority and the General Medical Council.
Commenting on the proposal, Chair of the Criminal Bar Association, Francis FitzGibbon QC said: ‘The issue is not an academic one. Anyone who has been involved with Bar disciplinary proceedings knows that the process is agonising and the stakes are high.’
He said: ‘We risk our professional integrity at our peril, and we should not expect the public to respect us if we appear soft on serious misconduct.’
The criminal standard, he said, puts misconduct on a par with actual crime, and marks how seriously it is taken. But, he said: ‘It’s reasonable to ask why so high a standard is needed and why the balance of probabilities does not suffice.’
The consultation, Review of the Standard of Proof Applied in Professional Misconduct Proceedings, closes on 21 July.
The Bar Standards Board (BSB) has proposed adopting the civil standard of proof in disciplinary proceedings against barristers charged with professional misconduct.
The current standard of proof used is the criminal standard which is ‘beyond a reasonable doubt’ or ‘satisfied so as to be sure’. But the BSB is seeking views on whether its regulatory arrangements should be changed to allow the civil standard of proof, ‘on the balance of probabilities’ or ‘more likely than not’ to be applied.
The change would bring it in line with other professional regulators, including the Solicitors Regulation Authority and the General Medical Council.
Commenting on the proposal, Chair of the Criminal Bar Association, Francis FitzGibbon QC said: ‘The issue is not an academic one. Anyone who has been involved with Bar disciplinary proceedings knows that the process is agonising and the stakes are high.’
He said: ‘We risk our professional integrity at our peril, and we should not expect the public to respect us if we appear soft on serious misconduct.’
The criminal standard, he said, puts misconduct on a par with actual crime, and marks how seriously it is taken. But, he said: ‘It’s reasonable to ask why so high a standard is needed and why the balance of probabilities does not suffice.’
The consultation, Review of the Standard of Proof Applied in Professional Misconduct Proceedings, closes on 21 July.
Chair of the Bar sets out a busy calendar for the rest of the year
Why Virtual Assistants Can Meet the Legal Profession’s Exacting Standards
By Louise Crush of Westgate Wealth Management
Examined by Marie Law, Director of Toxicology at AlphaBiolabs
Time is precious for barristers. Every moment spent chasing paperwork, organising diaries, or managing admin is time taken away from what matters most: preparation, advocacy and your clients. That’s where Eden Assistants step in
AlphaBiolabs has announced its latest Giving Back donation to RAY Ceredigion, a grassroots West Wales charity that provides play, learning and community opportunities for families across Ceredigion County
Despite increased awareness, why are AI hallucinations continuing to infiltrate court cases at an alarming rate? Matthew Lee investigates
The proscribing of Palestine Action under the Terrorism Act is an assault on the English language and on civil liberties, argues Paul Harris SC, founder of the Bar Human Rights Committee
Come in with your eyes open, but don’t let fear cloud the prospect. A view from practice by John Dove
Anon Academic explains why he’s leaving the world of English literature for the Bar – after all, the two are not as far apart as they may first seem...
Review by Stephen Cragg KC
.tmb-carlisting.png?sfvrsn=c60e2f3d_1){kind=logo}
